Common use of Scope of Services; Consent of Partners Clause in Contracts

Scope of Services; Consent of Partners. Manager is hereby authorized and empowered by the Partnership and the Partners, from and after the date of this Agreement, and Manager agrees with the Partnership and the Partners, to undertake and to discharge the duties and obligations set forth in this Section 5. Except as set forth below in this Section 5, Manager shall have no authority to act on behalf of the Partnership or any Partner. Notwithstanding any other provision of this Agreement, Manager shall not perform any act which requires, under the Partnership Agreement, the consent of the Partners or any of them without first obtaining such consent as provided in the Partnership Agreement. References in this Agreement to any consent, approval or decision of the Partners or the Partnership shall mean such consent, approval or decision as is required by, or provided in, the Partnership Agreement. The services, duties and obligations to be performed by the Manager as are set forth in Sections 5.1 and 5.2 shall be performed by Manager for the fixed fee set forth in the Fee Agreement with each Partner and at no other cost or expense to the Partnership or to any Partner. The cost of insurance, deductibles, repairs, taxes and litigation that are described in Sections 5.3 and 5.4 are reimbursable expenses of the Partnership and shall be for the account of the Partners, pro rata in accordance with each Partner's Percentage Interest. Otherwise, all expenses associated with the performance of Manager's duties and obligations hereunder shall be for the account of and borne by the Manager.